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HomeMy WebLinkAboutCity Commission Fact SheetCITY COMMISSION FACT SHEET File ID: R-23-0254 Title: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 4, DIAGRAM 11 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW A DENSITY TRANSFER OF FIVE (5) UNITS INTO T4 TRANSECT ZONE, ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL, FOR TWO (2) REAL PROPERTIES DESIGNATED AS "74-R," GENERAL URBAN ZONE - RESTRICTED, AND APPROVING THREE (3) SUBORDINATE WAIVERS FOR THE PROPERTY LOCATED AT APPROXIMATELY 3069 PLAZA STREET AND 3091 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. LOCATION: Approximately 3069 and 3091 Plaza Street APPLICANT(S): Carli Koshal, Esquire on behalf of One Roble PURPOSE: The Applicant is requesting to allow a Density transfer of five (5) units into a 74" Transect Zone, which is allowed by Exception, with City Commission approval through the Historic Preservation Transfer of Development Density program established in Chapter 23 of the City Code onto a property that is approximately 14,374.8 square feet (0.33 acres) in size. FINDING(S): PLANNING DEPARTMENT: Recommended approval. PLANNING, ZONING AND APPEALS BOARD: On April 11, 2023, recommended approval, by vote of 7-0. City of Miami Legislation Resolution Enactment Number: R-23-0254 File Number: 13883 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com Final Action Date:5/25/2023 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING AN EXCEPTION PURSUANT TO ARTICLE 4, DIAGRAM 11 OF ORDINANCE NO. 13114, THE ZONING ORDINANCE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ("MIAMI 21 CODE") TO ALLOW A DENSITY TRANSFER OF FIVE (5) UNITS INTO T4 TRANSECT ZONE, ALLOWED BY EXCEPTION WITH CITY COMMISSION APPROVAL, FOR TWO (2) REAL PROPERTIES DESIGNATED AS "74-R," GENERAL URBAN ZONE - RESTRICTED, AND APPROVING THREE (3) SUBORDINATE WAIVERS FOR THE PROPERTY LOCATED AT APPROXIMATELY 3069 PLAZA STREET AND 3091 PLAZA STREET, MIAMI, FLORIDA, AS MORE PARTICULARITY DESCRIBED IN EXHIBIT "A," ATTACHED AND INCORPORATED; MAKING FINDINGS; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Roble, LLC ("Applicant") applied to the City of Miami ("City") for an Exception, pursuant to Article 4, Diagram 11 of Ordinance No. 13114, the Zoning Ordinance of the City of Miami, Florida, as amended, ("Miami 21 Code") to allow a Density transfer of five (5) units into a 74" Transect Zone, allowed by Exception with City Commission approval through the Historic Preservation Transfer of Development Density program established in Chapter 23 of the Code of the City of Miami, Florida, as amended, ("City Code") at the Property located at approximately 3069 Plaza Street and 3091 Plaza Street, as more particularly described in Exhibit "A," attached and incorporated ("Property"); and WHEREAS, the Applicant also applied for three (3) subordinate Waivers to the Exception; and WHEREAS, the first Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit an up to ten percent (10%) reduction in drive aisle width from twenty-three feet (23') to twenty-two and one-half feet (225) (a 2.2% reduction); and WHEREAS, the second Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit an up to ten percent (10%) reduction in the required number of parking spaces to provide twenty-two (22) spaces where twenty-four (24) are required; and WHEREAS, the third Waiver is pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to permit an up to ten percent (10%) increase in lot coverage to provide sixty-six percent (66%) where sixty percent (60%) is permitted By Right; and WHEREAS, the Property is zoned 74-R," General Urban Zone, on the Zoning Atlas of the Miami 21 Code and is located within a Transit Oriented Development ("TOD"); and WHEREAS, the existing Future Land Use Map ("FLUM") designation of the Property on the Miami Comprehensive Neighborhood Plan ("MCNP") is "Medium Density Multifamily Residential"; and WHEREAS, the areas designated as 74-R," General Urban Zone — Restricted, consists of a Mixed -Use but primarily residential urban fabric with a range of Building types including Residential Uses to a maximum Density of thirty-six (36) Dwelling Units per acre; and WHEREAS, areas designated as "Medium Density Multifamily Residential" allow residential structures to a maximum Density of sixty-five (65) Dwelling Units per acre; and WHEREAS, as part of the Density transfer into the Applicant's 74-designated Property", the Applicant will be purchasing five (5) units via this Exception process; and WHEREAS, the Applicant is legally bound to follow all the terms and conditions of the recorded Covenant voluntarily proffered as part of the adopted rezone (Ordinance 13998) for the Applicant's Property, as attached and incorporated as Exhibit "B" ("Rezoning Covenant"); and WHEREAS, the Rezoning Covenant restricts the Property to provide twenty percent (20%) of Units to individuals whose incomes are at or below eighty percent (80%) Area Median Income ("AMI") for Miami -Dade County, and the purchase of the five (5) units results in one (1) additional income -restricted unit; and WHEREAS, the Planning Department finds the proposed Exception and three (3) subordinate Waivers to be consistent with applicable criteria of Article 7, Sections 7.1.2.6 and 7.1.2.5 as well as Article 4, Table 12 and Diagram 11 of the Miami 21 Code; and WHEREAS, the proposed Exception is consistent with the goals and requirements of the Miami 21 Code; and WHEREAS, the Planning Department reviewed the application and found the proposed Exception is consistent with the goals of MCNP, including but not limited to the MCNP Transportation Element, Goal TR-2, Objective TR-2.4, Policy TR-2.4.3; and WHEREAS, the Planning Department, pursuant to Article 4, Diagram 11 and Article 7, Section 7.1.2.6 of the Miami 21 Code recommended approval with conditions; and WHEREAS, the Planning, Zoning and Appeals Board ("PZAB"), at its meeting on April 11, 2023, following an advertised public hearing, adopted Resolution No. PZAB-R- 23-042 by a vote of seven to zero (7 - 0), Item No. 9, recommending approval of the Exception; and WHEREAS, the City Commission has considered the goals, objectives, and policies of the MCNP, the Miami 21 Code, and all other regulations of the City; and WHEREAS, the City Commission finds that the applicable requirements of the Miami 21 Code have been met with the conditions as stated in Section 2 herein; and WHEREAS, based on the testimony and evidence presented, after due notice and an opportunity to be heard has been afforded to all parties and members of the public, there is competent substantial evidence in the record to approve with conditions the requested Exception; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted by reference and incorporated as if fully set forth in this Section. Section 2. The Exception pursuant to Article 4, Diagram 11 and Article 7, Section 7.1.2.6 of Ordinance No. 13114, the Zoning Code of the City of Miami, Florida, as amended, ("Miami 21 Code") to allow a Density transfer of five (5) units into T4 Transect Zone and the three (3) subordinate Waivers pursuant to Article 7, Section 7.1.2.5(a)(29) of the Miami 21 Code to: i) permit a reduction in drive aisle width from twenty-three feet (23') to twenty-two and one- half feet (225) (a 2.2% reduction), ii) permit a reduction in the required number of parking spaces from twenty-four (24) spaces to twenty-two (22) spaces, and iii) permit an increase in lot coverage to from sixty percent (60%) to sixty-six percent (66%) for two (2) real properties zoned 74-R," General Urban Zone - Restricted, located at approximately 3069 Plaza Street and 3091 Plaza Street, Miami, Florida, as more particularity described in Exhibit "A," attached and incorporated, are all hereby approved subject to the following conditions: 1. The proposed Residential, Multi -Family Housing project shall be in accordance with the two (2) plans entitled "A-0.4 CONTEXT SITE PLAN" and "A-1.0 ZONING TABULATION" as prepared by Lester Perez Pizarro, State of Florida Registered Architect - AR95944, each plan drawing consisting of one (1) plan sheet and bearing the e-Plan approval stamp. 2. The Applicant shall activate the public realm at the ground level directly fronting Plaza Street (the Principal Frontage) in accordance with Article 4, Table 12 (Building Disposition) of the Miami 21 Code that reinforces and enhances pedestrian walkability and safety with a pedestrian walkway made of anti -slip material(s) with a minimum width of 5'-0" (60") per Chapter 54, Section 54-223 (Sidewalk) of City Code, as amended. 3. The Applicant is legally bound to follow all the Terms and Conditions, as described in Exhibit "B", the City Approved Covenant. 4. Pursuant to Article 5, Section 5.4.7, Ambient Standards (T4) of Miami 21 Code, the average lighting levels measured at the Building Frontage shall not exceed 2.0 fc (foot- candles), and lighting of the Building and Open Space of First and Second Layers shall be compatible with street lighting of Abutting public spaces. 5. Light spillage and glare from exterior lighting shall not be directed at adjacent properties, neighboring areas, and motorists. 6. The City reserves the right to inspect the site to ensure compliance with the conditions listed. 7. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code. 8. Any non -substantial modification to the approved plans as a result or consequence of the Applicant's compliance with other departments and/or agencies and/or codes, shall require a new review for approval confirmation from the Planning Director in accordance with Article 7 of the Miami 21 Code. 9. Pursuant to Section 7.1.2.6(e) of the Miami 21 Code "an Exception shall be valid for a period of two (2) years during which a building permit or Certificate of Use must be obtained. This excludes a demolition or landscape permit. A one-time extension, for a period not to exceed an additional year, may be obtained if approved by the Planning Director." 10. Failure to comply with the conditions herein may result in the immediate revocation of this Exception and shall be subject to any fines and penalties pursuant to City Code. 11. The City reserves the right to inspect the site/Property to ensure compliance with the conditions listed. Section 3. If any section, part of a section, paragraph, clause, phrase, or word of this Resolution is declared invalid, the remaining provisions of this Resolution shall not be affected. Section 4. This Resolution shall be effective immediately upon its adoption and signature of the Mayor.' APPROVED AS TO FORM AND CORRECTNESS: i ria i "ndez, ify Attor ey 5/15/2023 ' If the Mayor does not sign this Resolution, it shall become effective at the end of ten (10) calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission.